Planning Division
Dark-Sky Ordinance 90.02
WHEREAS, unnecessary and/or improperly designed light fixtures emit undesirable illuminating light rays up into night sky; and WHEREAS, said illumination is of no beneficial effect; andAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, AMENDING CHAPTER 25 OF THE TEMPE CITY CODE, BY ADDING ARTICLE VIII RELATING TO THE CONTROL OF OUTDOOR LIGHT FIXTURES.
WHEREAS, said illumination is of detrimental effect on astronomical observation within Tempe and the State of Arizona.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA, that Chapter 25 of the Tempe City Code is amended by adding Article VIII thereto as follows:
ARTICLE VIII OUTDOOR LIGHT CONTROL
Section 25-131. Purpose and Intent
This article is intended to restrict the permitted use of outdoor artificial illuminating devices emitting undesirable rays into the night sky which have a detrimental effect on astronomical observations.
Section 25-132. Conformance with Applicable Codes and Ordinances
All outdoor artificial illuminating devices shall be installed in conformance with the provisions of this article, and applicable provisions of the zoning ordinance and this code. Where there is conflict between the provisions of this article and applicable provisions of the zoning ordinance or this code, the most restrictive shall govern.
Section 25-133. Approved Materials and Methods of Installation
The provisions of this article are not intended to prevent the use of any material or method of installation not specifically prescribed by this article provided any such alternate has been approved. The Community Development Director or, for street lighting within the right-of-way, the Public Works Director, may approve any such alternate provided that the proposed design, material or method:
a. provides approximate equivalence to the specific requirements of this article or;
b. is otherwise satisfactory and complies with the intent of this article.
Section 25-134. Definitions
(a) Outdoor Light Fixtures shall mean outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to search, spot, or flood lights for:
1. buildings and structures, including canopies and overhangs
2. recreational areas
3. parking lot lighting
4. landscape lighting
5. billboards and signs
6. street lighting
7. display and service areas
(b) Installed shall mean the initial installation of outdoor light fixtures defined herein, following the effective date of this article but shall not apply to those outdoor light fixtures installed prior to such date.
(c) Shielded, Fully. shall manner that light rays emitted or indirectly from the fixture, through the lowest point on the mean fixtures that are shielded in such a by the fixture, either directly from the lamp are projected below a horizontal plane running fixture where light is emitted.
Section 25-135. Shielding
All outdoor light fixtures except those exempted by Section 25-139 and those regulated by Section 25-137(b) shall be fully shielded as required in Section 25-137.
Section 25-136. Filtering
Those outdoor light fixtures required to be filtered by Section 25-137 shall have glass acrylic or translucent enclosures. (Quartz glass does not meet this requirement.)
Section 25-137. Requirements for Shielding and Filtering
The requirements for shielding and filtering light emissions from outdoor light fixtures shall be as set forth in the following table:
TABLEREQUIREMENTS FOR SHIELDING AND FILTERING
| FIXTURE LAMP TYPE | SHIELDED | FILTERED |
| Low Pressure Sodium (1) | None | None |
| High Pressure Sodium | Fully | None |
| Metal Halide(6) | Fully | Yes |
| Fluorescent | Fully(5) | Yes(2) |
| Quartz(3) | Fully | None |
| Incandescent Greater than 160W | Fully | None |
| Incandescent 100W or Less | None | None |
| Mercury Vapor | Not Permitted (Sec. 25-138(d)) | |
| Glass Tubes filled with Neon, Argon, Krypton | None | None |
| Other Sources | As approved by Sect. 25-133 | |
Footnotes:
1. This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.
2. Warm white natural lamps are preferred to minimize detrimental effects.
3. For the purposes of this article, quartz lamps shall not be considered an incandescent light source.
4. Most glass, acrylic, or translucent enclosures satisfy these filter requirements.
5. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.
6. Metal halide lamps shall be in enclosed luminaries.
Section 25-138. Prohibitions
(a) Recreational Facility. No outdoor recreational facility, public or private, shall be illuminated after 11 p.m. except to conclude any recreational or sporting event or other activity conducted at a ball park, outdoor amphitheater, arena, or similar facility in progress prior to 11 p.m.
(b) Outdoor Building, Landscaping and Signs. The unshielded outdoor illumination of any building or landscaping is prohibited except with incandescent fixtures with lamps of 100 watts or less. Lighting fixtures used to illuminate an outdoor advertisement sign shall be mounted on the top of the sign structure and shall comply with the shielding requirements of Section 25-137. All illuminated outdoor advertising signs shall be equipped with an automatic time controller that prevents the operation of the lighting fixtures between the hours of 11 p.m. and sunrise.
(c) Mercury Vapor. The installation of mercury vapor fixtures is prohibited.
Section 25-139. Exemptions
(a) Nonconforming Fixtures. Outdoor light fixtures installed prior to the effective date of this article are exempt from the provisions of this article, provided, however, that no change in use, replacement, structural alteration, or restoration of outdoor light fixtures shall be made unless it thereafter conforms to the provisions of this article.
(b) Fossil Fuel Light. Fossil fuel light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels is exempt from the provisions of this article.
(c) Downtown Tempe Ornamental Lighting. The ornamental street lighting for the downtown business district is exempt from the provisions of this article and is a permitted lighting installation.
(d) Special Conditions. The Community Development Director or, for street lighting within the right-of-way, the Public Works Director, may grant a special exemption to the requirements of Section 25-137 only upon a written finding that there are conditions warranting the exemption and that there are no conforming fixtures that would suffice.
(e) Construction and Emergency Lighting. Lighting necessary for construction or emergencies is exempt from the provisions of this article provided said lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.
(f) Searchlights. Searchlights shall be subject to the provisions of Section 25-144.
Section 25-140. Applications
(a) Any person applying for a building, electrical or sign permit to install outdoor lighting fixtures shall as a part of said application submit evidence that the proposed work will comply with this article.
(b) The application shall contain but shall not be limited to the following:
1. Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, other devices.
2. Description of the illuminating devices, fixtures, lamps, supports and other devices. This description may include but is not limited to manufacturers catalog cuts, and drawings including sections where required.
(c) The above required plans and descriptions shall be sufficiently complete to enable the Community Development Director to readily determine whether compliance with the requirements of this article will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration, of the devices, fixtures or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.
Section 25-141. Issuance of Permit for Lighting on Private Property
Prior to issuance of a building, electrical or sign permit, the Community Development Director shall determine that the submitted plans and details for said permit are in conformance with this article. The stamping of the plans and the signature of the director or his designated representative and the date of the signature shall indicate that the plans are in conformance.
Section 25-142. Amendment to Permit for Lighting on Private Property
Should the applicant desire to substitute outdoor light fixtures or lamps to be installed on private property after a permit has been issued, the applicant shall submit all changes to the Community Development Director for approval, with adequate information to assure compliance with this article.
Section 25-143. Appeals
Except for street lighting within the right-of-way and for temporary exemptions as provided in Section 25-144(b), the appeal procedures of the zoning ordinance shall apply.
Section 25-144. Request for Temporary Exemptions
(a) Request. Any person may submit a written request on a form prepared by the Community Development Department for a temporary exemption to the requirements of this article.
The Request for Temporary Exemption shall contain the following information:
1. Specific exemptions requested.
2. Type and use of exterior light involved.
3. Duration of time for requested exemption.
4. Type of lamp and calculated lumens.
5. Total wattage of lamp or lamps.
6. Proposed location of exterior light.
7. Previous temporary exemptions, if any.
8. Physical size of exterior light and type of shielding provided.
In addition to the above data, the Development Services Director may request any additional information which would enable him to make a reasonable evaluation of the request for Temporary Exemption.
The fee for a temporary exemption shall be as required for a variance to the Zoning Ordinance.
(b) Appeal. The Community Development Director, within five days date of the properly completed Request for Temporary Exemption, shall or reject in writing the Request. If rejected, the individual making Request shall have the right of appeal to the City Council.
Section 25-145. Penalties
Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a Class I misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which a violation of any of the provisions of this Ordinance is committed, continued or permitted and upon conviction of any such violation such person, firm, or corporation shall be punished as prescribed by the Arizona Revised Statutes.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA,
this 22nd day of February 1990.
